Credibility of witness

Credibility of a witness is a question of fact, to be decided by Court while keeping in view the principles laid down for appraisal of evidence

All persons are competent to testify until they are found prevented from understanding the question put to them or from giving their rational answers, either due to tender/extreme age or for some physical or mental disability

Person in receipt of conviction for perjury is not competent to testify unless the court is satisfied that he has repented from doing so and has mended his ways

Testimony of a witness of tender age can attain acceptance, if the court is satisfied that he can understand a question and is in a position to offer an answer based on reason

Satisfaction of the court in terms of Art. 3 of Qanun-e-Shahadat, 1984 is not a simple formality but legal obligation hence, it is to be discharged with utmost circumspection

Deposition of a child witness, who is found competent to testify, is not to lose credence even if oath is not administered in terms of S. 5 of the Oaths Act, 1873

Child evidence can ensue the consequence of conviction to an accused, hence the satisfaction of court in terms of Art. 3 of Qanun-e-Shahadat, 1984, must reflect the application of legal mind

Such object can best be attained through proper questioning to a child witness.

Real test for acceptance of statement of witness was as to whether same was in consonance with the probabilities, fitted in with the other evidence, and whether it inspired confidence

To disbelieve a witness, it was not necessary that there should be numerous infirmities

If there was one which impeached the credibility of the witness, that could make the entire statement doubtful.

To disbelieve a witness, it was not necessary that there should be numerous infirmities, if there was one which would impeach the credibility of the witness, that could make the entire statement doubtful.